The very controversial Online Pass program that was start by Electronic Arts and then copied by most of the major publishers is at an end. EA has confirmed that they will be killing off the one-time use access code program going forward. None of the new EA titles will be using the Online Pass feature.

According to EA, the company listened to buyer feedback, which suggested that buyers simply didn’t like it; and EA is responding by eliminating the use of it going forward. Interestingly, EA says nothing about what they plan to do going forward to help recapture lost revenue from the sale of used titles. EA also didn’t indicate how successful the Online Pass program was at recapturing such lost revenue.

With EA’s decision to discontinue the use of the Online Pass, it begs the question whether others such as Sony, Ubisoft, Warner, and Codemasters will also discontinue the use of the Online Pass.

Sources suggest to us that the decision to kill off the Online Pass might not be that big of a surprise, as many are starting to suspect that the cost of new games is going up on the new Next Generation console systems from both Microsoft and Sony. Neither Microsoft nor Sony nor the 3rd party software publishers have confirmed a price increase yet, but our sources suggest they are examining it closely.

A court ruling could forever change the way that GameStop sells used titles. At least in California GameStop will have to warn customers about used titles they have for sale that will require users to buy an online pass to access some features within the game.

At least for the next two years, the retailer will have to place signs on used game shelves warning customers that they will be required to make an additional purchase of an online pass to access some features when buying certain used titles.

The class action lawsuit alleged that GameStop was misleading customers about the true cost of purchasing titles that included an online pass when the title was new. The ruling is expected to affect the price that GameStop is able to charge for used titles, and put an end to the practice of the company’s sale of used titles that included an online pass for $5 less than the cost of a new title.

GameStop customers that are enrolled in the company’s rewards program in California will be able to claim a $10 check and $5 coupon as compensation. Those in California that are not in the company’s rewards program can claim a $5 check and a $10 coupon.

With this victory under its belt, the law firm of Baron & Budd is contemplating bringing similar actions against GameStop in other states, according to sources.

Electronic Arts has made some clarifications surrounding the use of the EA Online Pass with the upcoming SSX release. If you don’t have an online pass because you purchased a used copy you are not locked out of playing in multiplayer; however, it does stop you from obtaining in-game credits which are used to unlock content.

Those who opt for a used copy without the online pass will be able to play in both the “Explore” and “Global Events” modes, but credits you earn while playing in this mode without the pass will be inaccessible and banked. The key word is banked, because if you do opt to spend the $10 for the online pass, you are able to then obtain those banked credits.

According to EA, to achieve “economy balance” it is possible to unlock all of the content and participate in events around the globe in the both the Explore and Global Events just with credits earned in the Explore mode.

Our advice is if you are serious about playing SSX, either buy the new copy with the Online Pass or just pony up the $10 for the Online Pass.

Developer David Jaffe of Twisted Metal fame would like to see the latest installment in the Twisted Metal franchise come without an online pass. While he admits that the use of the online pass is “probably good business,” it is counter-productive when trying to earn the trust of the gamers buying the games.

The problem is that the decision to use or not use an online pass isn’t his to make, and ultimately it is not his call. Sony will make the decision in the end; and since they are moving forward with this strategy it is unlikely that they will pick and choose where and where not to apply it.

Jaffe says that he would be willing to lose pre-owned sales if it means that more people will play the game so that it can build a much larger fan base. Since online is such a big part of the Twisted Metal experience the game isn’t the same without it. A bigger fan base means that the likelihood of another installment is higher with more people playing it.

Rumors are still circling that DICE and Electronic Arts have opted to include an online pass code with Battlefield 3 that will be required to gain access to online play. This, as with previous EA titles using the online pass code, will require purchasers that do not have the code to purchase an access from the Xbox Marketplace or the Sony PlayStation Store to gain access to the multiplayer parts of the game.

If the online pass code is the route that DICE and EA elect to go, we suspect that this will only be for the Xbox 360 and PlayStation 3 versions of the game. Sources tell us that it is highly doubtful that DICE and EA would use the online pass code with the PC version of the game.

Currently, this has yet to be confirmed by either DICE or EA, but recent statements by Patrick Bach do seem to suggest that they are leaning in this direction. Expect DICE and EA to issue a public statement soon on what their intentions are with regard to the Battlefield 3 online pass strategy or lack thereof.

So far, Ubisoft has not joined the online pass system that other publishers have embraced, but that all is going to change with the upcoming release of Driver: San Francisco in September. While the company has admitted publicly that they have been monitoring the success of companies like Electronic Arts and THQ with their use of the online pass program, it is only now that we find out that Ubisoft will finally join them.

The online pass codes that Ubisoft will be bundling in their titles will be called Uplay Passport. The code of the Uplay Passport will only come bundled with new games and, of course, it will be a one-use code. Should a player purchase a used copy of the game, but opt to want to play it online, that player will be able to purchase Uplay Passport access though each console’s online store. No price for an online purchase is confirmed, but we suspect that it will be $10, according to sources that we have spoken with.

Ubisoft has yet to comment on which titles going forward will use the Uplay Online pass system, but it is pretty much a given that the majority of the company’s upcoming high profile releases will use it, including the next releases in the Assassin’s Creed and Ghost Recon franchises.

With Ubisoft moving to this model, this really only leaves Rockstar and Warner Bros. who have yet to test or implement such a system. Both companies have not denied that they are looking at it, but neither has officially announced that they will be adding such a system anytime soon.

Kaos studios claims that the THQ Pass system helps curb the pre-owned market and makes sure that revenue goes to the publisher and developer. Dedicated servers are costly to maintain, and without the revenue from new game sales it really is impossible to offer it. Simply put, more players agree that dedicated servers offer a better gaming experience with many titles like Homefront.

Despite the complaints from many consumers about the use of such online access codes bundled with games these days in an effort to curb used game sales, publishers and developers believe that the pass system is really the best solution in the interest of the industry going forward. Users are still free to purchase a used copy of the game, but if they want to access the full online experience that will be offered in Homefront, they will have to purchase an Online Pass from the Xbox Market Place or PlayStation Store.

Besides using revenue to maintain the dedicated servers, there is also the cost of Internet bandwidth. In addition, revenues from the purchase of new titles are reinvested in the development of new games. The publishers and developers make nothing from the sale of used games, unless the player happens to purchase an Online Pass or additional downloadable content for the game.

THQ is stepping up their use of the Online Pass program, taking a page out of the Electronic Arts playbook, as they were the first publisher to employ such a strategy. Additional publishers are apparently looking at deploying a similar strategy going forward, as well as having downloadable content ready on launch day to help drive revenue for new releases. Every source we speak with in the development community expects this to be the strategy for most releases in the future.